Mother pleads not guilty to using drugs before crash with train that killed her children

Mother pleads not guilty to using drugs before crash with train that killed her children
Ericka Fouch is accused of using drugs before the crash that killed her children. (Source: Andreina Centlivre/WAVE 3 News)
Ericka Fouch is accused of using drugs before the crash that killed her children. (Source: Andreina Centlivre/WAVE 3 News)

JEFFERSONVILLE, IN (WAVE) - A Clark County mother has pleaded not guilty to charges in her children's deaths.

Ericka Fouch appeared in Clark County Circuit Court 4 on Monday afternoon on charges of neglect of a dependent resulting in death and causing death while operating a vehicle with a controlled substance in the blood.

Fouch is the only survivor of a train accident that killed her children, Wyatt, 4, and Adalynn, 5.

On Friday, authorities charged her in connection with their deaths.

"The investigation reveals that approximately one hour before the collision occurred, Miss Fouch did use drugs," Clark County Prosecutor Jeremy Mull said.

Fouch drove her car into the train crossing at State Road 160 and Railroad Street in Henryville on June 28, despite warning signals and loud noises.

Her blood test taken on the way to the hospital revealed methamphetamine and THC in her system.

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"This is understandably just a very sad and tragic situation," Fouch's attorney Niles Driskell said. "There are no winners."

Fouch pleaded not guilty at her first court appearance on Monday. Her mother was in attendance; her husband, Brian Fouch, was not.

"It's so early, we're very limited on information," Driskell said. "We're very limited on proof and evidence, so that's the plea that has to be entered at this time."

Driskell requested Fouch be released on home incarceration, which was ultimately granted by the judge. She was ordered to post a $10,000 bond and submit to random drug testing.

Driskell is asking the public to not rush to judgment.

"I think in the world we live in everybody wants to put blame somewhere," Driskell said. "But again, this is a very tragic situation; it's very, very sad. There really are no winners. There is no winning."

Fouch's next court date is in November. She could face up to 42 years in prison if convicted on all charges.

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